H.Res. 636: H.R. 1908 – Patent Reform Act of 2007

COMMITTEE ACTION:  REPORTED BY A RECORD VOTE OF 8-4 on Thursday, September 6, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 222 - 181 on Friday, September 7, 2007.

MANAGERS:WELCH/DIAZ-BALART, LINCOLN
110th Congress 
1st Session
H.RES. 636
[Report No. 110-319]

 

H.R. 1908 - Patent Reform Act of 2007

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.
  3. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  5. Waives all points of order against the committee amendment in the nature of a substitute except those arising under clause 10 of rule XXI.
  6. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.
  7. Provides that the amendments may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order against the amendments printed in the Rules Committee report except those arising under clause 9 or 10 of rule XXI.
  9. Provides one motion to recommit with or without instructions.
  10. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill in the House to a time designated by the Speaker.

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RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1908) to amend title 35, United States Code, to provide for patent reform.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

            Sec. 2. During consideration in the House of H.R. 1908 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

 

SUMMARY AND TEXT OF AMENDMENTS MADE IN ORDER

1. Conyers (MI)/Smith (TX)/Berman (CA)/Coble (NC): Manager’s amendment. The amendment incorporates a number of revisions. They include revisions to the sections on damages, willful infringement, prior user rights, post-grant review, venue, inequitable conduct, applicant disclosure information, inventor's oath requirements, among others. (20 minutes)

2. Issa (CA): The bill eliminates provisions in the law permitting certain applicants to delay or prevent publication of their applications.  This amendment would strike that provision and permit applicants to delay publication until the later of (1) three months after a second PTO decision or (2) 18 months after the filing date. (10 minutes)

3. Issa (CA): Amends the section relating to United States Patent and Trademark Office regulatory authority by adding the requirement that Congress be provided 60 days to review regulations before they take effect. Congress may bar implementation of the regulation by enactment of a joint resolution of disapproval. (10 minutes) 

4. Jackson-Lee (TX): This amendment requires the Director of the United States Patent and Trademark Office to conduct a study of patent damage awards in cases from at least 1990 to the present where such awards have been based on a reasonable royalty under Section 284 of Title 35 of the United States Code.  The Director of the PTO would be required to submit the findings to Congress no later than one year after the Act's enactment. (10 minutes)

5. Pence (IN): Amends the provisions governing post-grant review proceedings to prohibit a post-grant review from being instituted based upon the best mode requirement of patent law. (10 minutes)